Rank: Guest 
|
Posted By GavinR
Hi, I have recently became involved in Planning supervisor role and wanted to ask advice on a certain matter. After trying to collect the required information from the contractor (and this being extremely difficult to achieve!)the health and safety file is not fully completed due to the contractor not responding to requests or sending incorrect information. We do
not wish to send out incomplete H&S files to
clients(obviously identifying within the file what the contractor has failed to provide). Can anyone info me if we might get into trouble for not supplying the H&S file at end of works and hence delaying its hand over until it is completed,even though the contractor(s) are causing the hold ups?
I would appreciate any help/advice from more experienced safety professionals.
Many thanks in advance, Gav
|
|
|
|
|
|
Rank: Guest
|
Posted By Jonathan Sandler CMIOSH
if you bought a car from somebody and they failed to give you the key, what would you do, you had given them cash?
What type of service are you giving your Client, which they are paying you for?
Answer those questions and you have answered yours.
Regards
Jonathan Sandler
|
|
|
|
|
|
Rank: Guest
|
Posted By Terry Price
Gavin,
1- Remind the Contractor of his legal duties under CDM and the importance of the H&S File information for any future work to be carried out on the building
2- check the Contractor's contract to see if it is one of the contract terms that he provide an H&S File at the end of the contract. If there is such a clause then you may be able to introduce financial sanctions in order to obtain the necessary information.
If there is no such clause, you should insert one in future contracts otherwise the problem will keep recurring.
3- Tell the Contractor what is missing and hold his hand to help him give you the information you need (if you are a nice man)
4- tell the Client (in writing) explaining the situation and including copies of reminders you have sent to the Contractor. List the parts of the H&S File that are missing
hope this helps
Terry
MIOSH MaPS ACIOB
|
|
|
|
|
|
Rank: Guest
|
Posted By GavinR
We have followed the mentioned steps, emails and written letters to the contractors with the lists of exactly what we need to complete the files, refering them to the sections within our Pre-tender plans that state what they must supplyat the end of contract but to no success. Alot of the time they just resend info we have already received or confirm they will get us the info and then don't reply.
I will discuss the finanical penalty suggestion with my bossess and see where we stand with that currently.
Thank you for your suggestions but can anyone tell me how we as planning supervisor stand on not supplying the file on time due to these problems?
Thanks again!
|
|
|
|
|
|
Rank: Guest
|
Posted By Terry Price
CDM Regs ACOP Clause 142
'Ensure that a health and safety file is prepared, reviewed and amended as necessary and given to the client'
As PS you will probably have no bite, so do what you can, provide an audit trail and report it to the Client. It is only he who can bring sanctions against the Contractor. You as PS would (presumably) have advised the Client on the competency of the Contractor after having carried out a competency assessment on the Contractor at tender stage and one of the questions you could (should) have asked the contractor would be his record on providing H&S Files on previous contracts (taking up references as necessary).
There is not much else you can do.Throw it back to the Client.
Who would be a PS?
Terry
|
|
|
|
|
|
Rank: Guest
|
Posted By bigwhistle
I am afraid when all else fails you have to pull out the whistle and in this case its the HSE.
Your local Construction Inspector will be all to helpful if they call your bluff.
|
|
|
|
|
|
Rank: Guest
|
Posted By GavinR
Thanks everyone for your help, much appreciated.
|
|
|
|
|
|
Rank: Guest
|
Posted By Brett Day
Something have done on projects and the HSE suggested it, was to, after a reasonable period of time to chase information send a letter to the Contractor involved (cc to Client and PC) stating thier duties to provide information and that no response or incorrect information will be taken as a refusal to supply H&S File information send four of these (1 of 4, 2 of 4 etc) spaced a week apart and after that period send a final letter to the client stating that the file is incomplete due to the refusal of the contractor to provide information.
|
|
|
|
|
|
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.